# United States v. John Louis Iron Shell, Jr.

> Court of Appeals for the Eighth Circuit · October 24, 1980 · 633 F.2d 77

URL: https://www.frixlaw.com/law-library/cases/9467206

## Case

- **Full name:** UNITED STATES of America, Appellee, v. John Louis IRON SHELL, Jr., Appellant
- **Court:** Court of Appeals for the Eighth Circuit
- **Decided:** October 24, 1980
- **Citations:** 633 F.2d 77
- **Precedential status:** Published
- **Opinion:** Concurrence by Heaney
- **Judges:** Heaney, Bright, Stephenson
- **Cited by:** 344 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9467206

## How later opinions describe it (automated extraction)

- concluding that the district court did not abuse its discretion by permitting the prosecutor to ask leading questions because “[t]he victim’s hesitancy to testify concerning this matter was understandable”
- holding that a nine-year old’s statements elicited by police officer between forty-five minutes and one hour and fifteen minutes after an assault fell within the excited utterance exception
- applying exception where evidence “suggested ... that [nine-year-old declarant] had struggled with the defendant, that he had threatened her with serious harm and that he had unsnapped and pulled down her jeans. The stress and fear that such an occurrence would impose upon a y…
- explaining that assault with intent to commit rape requires the specific intent to commit rape
- holding the amount of time between the startling event and the statement is only one factor to be weighed by the court in determining whether the excited utterance exception to the hearsay rule applies

## Opinion text

HEANEY, Circuit Judge,
concurring:
I concur in the majority opinion on the grounds that the evidence of assault with *93 intent to commit rape was so strong that submission of either simple assault or assault by striking, beating or wounding was not required.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9467206. Public record. Not legal advice.